Category: Declaratory Relief

If the issues in a insurance coverage declaratory relief action overlap the issues in the underlying litigation against the insured, the insurer cannot, over the insured’s objection, take discovery on the overlapping issues or litigate them in the declaratory relief action. If the issues in a declaratory relief action over insurance coverage overlap the issues…

A parent corporation lacked standing to seek a declaratory judgment regarding coverage under an insurance policy under which only its subsidiary corporation was an insured. Though the CCP 1060 appears to grant almost anyone the right to seek declaratory relief, CCP 1061 allows a trial court to refuse to issue declaratory relief in any case…